There is hereby established a cross-connection control program, the purpose of which is to promote the public health, safety, and welfare, of regulations designed to:
(1) 
Protect the public water system of the city from the possibility of contamination or pollution by isolating within a customer’s private water system contaminants or pollutants that could backflow into the city’s public water system;
(2) 
Promote the elimination or control of existing cross-connections, whether actual or potential, between a customer’s potable water system and nonpotable water systems;
(3) 
Provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination of the city’s public water system; and
(4) 
Comply with chapter 290 of the state commission on environmental quality rules and regulations for public water systems.
(2006 Code, sec. 82-407; Ordinance 11-11-898, sec. 2, adopted 11/1/11)
For the purpose of this article, the following definitions apply, unless the context clearly indicates or requires a different meaning. If a word or term used in this article is not contained in the following list, its definition, or other technical terms used, shall have the meanings or definitions listed in the most recent edition of the city plumbing code and/or the Manual of Cross-Connection Control published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, a copy of which is on file in the office of the city secretary, or in the third edition of the Recommended Practice for Backflow Prevention and Cross-Connection Control Manual M14 published by the American Water Works Association.
Auxiliary water supply.
Any water supplied other than water provided by the city’s public water system, including water from another public water system or from a natural source, including, but not limited to, wells, cisterns, springs, rivers, streams, used waters, or industrial fluids.
Backflow.
The reversal of flow of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of a potable water supply from any sources other than the city’s public water system.
Backflow prevention assembly or assembly.
An assembly that when properly installed between the city’s public water system and the terminus or point of ultimate use will prevent backflow.
City.
The City of Murphy through the city manager or any representative, inspector or employee designated by the city manager.
Cross-connection.
A physical connection between a public water system and either another supply of unknown or questionable quality, any source which may contain contaminating or polluting substances, or any source of water treated to a lesser degree than an approved or auxiliary water supply source in the treatment process.
Customer.
A person, company or entity contracting with the city to receive potable water service.
Nonresidential use.
Water used by any person other than a single-family or duplex residential customer of the water supply.
Person.
Any individual, partnership, association, corporation, firm, club, trustee, receiver, body politic and corporate, and any other such entity.
Premises or property.
Any property, real, improved or personal, that is connected to the city’s public water system.
Public water system or system.
Any public water system, including the system owned by the city, which supplies water for public domestic use. The system will include all services, reservoirs, facilities, and any equipment used in the process of producing, treating, storing, or conveying water for public consumption.
Tester.
A person that is a certified backflow prevention assembly technician approved by and registered with the city and the TCEQ.
Water use survey.
A survey conducted or caused to be conducted by the local authority designed to identify any possible sources of contamination to the potable water supply.
(2006 Code, sec. 82-408; Ordinance 11-11-898, sec. 2, adopted 11/1/11)
This article applies to all properties that are connected to the city’s public water system.
(2006 Code, sec. 82-409; Ordinance 11-11-898, sec. 2, adopted 11/1/11)
(a) 
Required; qualifications.
Prior to performing any testing of backflow prevention assemblies within the city, a licensed backflow prevention assembly tester must be registered with the city utility department.
(1) 
Eligibility for registration shall be conditioned upon the applicant providing proof of being currently licensed as a backflow prevention assembly tester by the state commission on environmental quality.
(2) 
Each applicant licensed as a backflow prevention assembly tester with the state shall furnish evidence to the city to show that he/she has available the necessary tools and equipment to properly test and certify such assemblies. Serial numbers of all test gauges shall be registered with the city. Registered serial numbers of test gauges shall be listed on tests and maintenance reports prior to being submitted to the city. Each recorded test kit shall be tested annually for accuracy and calibrated to maintain a +/- two percent (+/- 2%) accuracy factor. Failure to register the serial number or calibrate gauges annually shall be grounds for temporary suspension of a tester’s registration until compliance with this requirement is attained.
(3) 
Registration shall remain in force provided that the tester maintains his/her eligibility for registration by complying with all requirements of this article and applicable state law. Evidence of renewal of the tester’s TCEQ backflow prevention testing license shall be furnished to the city upon request. A tester shall advise the city if the tester’s state license is ever suspended or terminated within five business days of notice to the tester of such suspension or termination.
(b) 
Fee.
An annual registration fee in an amount established in accordance with the adopted fee schedule in appendix A of this code shall be paid at the time shall be paid at the time an application for annual registration is submitted to the city. This annual registration fee includes the city’s verification of the tester’s equipment and tools.
(c) 
Responsibilities.
Licensed backflow prevention assembly testers shall be responsible for performing competent tests, issuing accurate reports of backflow prevention assembly test reports and test fees to the city. Licensed backflow prevention assembly testers shall not change the design or operational characteristics of a backflow prevention assembly during repair or maintenance without prior written approval of the city.
(2006 Code, sec. 82-410; Ordinance 11-11-898, sec. 2, adopted 11/1/11; Ordinance adopting 2015 Code)
(a) 
No water service connection shall be made to any establishment where a potential or actual contamination hazard exists unless the city’s public water system is protected in accordance with the state commission on environmental quality rules and regulations for public water systems (TCEQ rules) and this article.
(b) 
Each service connection from the city’s public water system to premises having an auxiliary water supply system shall be protected against backflow of water from the premises into the city’s public water system with a reduced pressure backflow prevention assembly.
(c) 
For all newly constructed premises on which a substance is handled so that it may enter the city’s public water system, each service connection from the public water system to such premises shall be protected against the backflow of water from the premises into the public water system. This requirement shall apply to each premises on which persons handle process water and water originating from the public water system which has been subjected to deterioration in sanitary quality.
(d) 
For all existing premises on which a substance is handled so that it may enter the city’s public water system, each service connection from the public water system to such premises may be required to be protected against the backflow of water from the premises into the public water system upon the determination of the city. This requirement shall apply to each premises on which persons handle process waters and waters originating from the public water system which have been subjected to deterioration in sanitary quality.
(e) 
Backflow prevention assemblies shall be installed on a service connection to premises: (i) having internal cross-connections that cannot be permanently corrected and controlled in compliance with this article, (ii) upon the city’s determination that an intricate plumbing and piping arrangement exists which makes it impractical to ascertain whether cross-connections exist therein, or (iii) where a portion of the premises cannot be readily accessed for inspection purposes making it impractical or impossible to ascertain whether cross-connections exist. The customer connected to the city’s public water system shall make all necessary arrangements, at its sole expense, to remove without delay security barriers or other obstacles to access by the city.
(f) 
If an inter-street main flow may result from two or more services supplying water to the premises, then a standard check valve shall be installed adjacent to the respective meters and on the owner’s property. If a check valve is not adequate to protect the public water system’s mains from pollution or contamination, the installation of an approved backflow prevention assembly may be required by the city.
(g) 
If a health hazard exists, a testable backflow prevention assembly shall be required. The backflow prevention assembly shall be a reduced pressure backflow prevention assembly, or air gap.
(h) 
Non-health hazards shall require a double check backflow prevention assembly, pressurized vacuum breaker, or vacuum breaker installed downstream of a normally closed water supply valve. Any cross-connection under backpressure shall require an air gap or reduced pressure backflow prevention assembly.
(2006 Code, sec. 82-411; Ordinance 11-11-898, sec. 2, adopted 11/1/11)
All new, replacement, or reconditioned backflow prevention assemblies shall be installed in accordance with the International Plumbing Code, as adopted and amended by the city, and with the following standards, unless otherwise directed or approved by the city:
(1) 
Plumbing permit required.
Prior to installation, a plumbing permit must be obtained from the building inspection department of the city.
(2) 
Installation.
The assembly shall not be located in the same vault or meter box with the city’s water meter. Backflow prevention assemblies shall not be installed within three feet of a water meter box or vault. All backflow prevention assembly installation shall be done in accordance with the approved backflow prevention assemblies issued by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research, a copy of which is on file in the city’s public works department. If installed in a structure, all backflow prevention assemblies must be easily accessible for testing, repair or replacement.
(3) 
Location.
The owner or occupant must prove to the city that no connections or tees are located between the meter and the backflow prevention assembly. The relief valve discharge on a reduced pressure backflow prevention assembly shall not be solidly piped into a sump, sewer, drainage ditch, etc. Test cocks shall not be used as supply connections.
(4) 
Air gap separation.
All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air gap separation. The water inlet piping shall terminate at a distance of at least two pipe diameters of the supply inlet, but in no case less than one inch, above the overflow rim of the receiving tank. An “approved air gap separation” shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel and shall in no case be less than one inch.
(5) 
Reduced pressure backflow prevention assemblies.
Reduced pressure backflow prevention assemblies shall be installed above ground level and shall be placed a minimum of 12 inches above the finished grade to allow clearance for repair work. A freeze-proof enclosure with a concrete slab at finished grade is recommended. Where it is impractical to install the assembly outside, the installation may be made inside the building in an area not susceptible to flooding. Proper free-flowing/gravity drainage must be provided for the relief valve. If the drain line is to drain outside, then the termination point must be a minimum of 12 inches above finished grade.
(6) 
Double check valve assemblies.
Double check valve assemblies can be installed above finished grade in a freeze-proof enclosure or below grade in a vault. If the assembly is installed below grade, the test cocks must be plugged with corrosion resistant watertight plugs. The assembly shall be a minimum of 12 inches above the floor.
(7) 
Bypass.
If a bypass is installed around any approved backflow prevention assembly, the bypass must be protected from backflow/backpressure with the same type of backflow prevention assembly that it has bypassed. The backflow prevention assembly on the bypass must be installed according to the same requirements as the service line assembly.
(8) 
Thermal expansion.
The installation of a backflow prevention assembly may create a closed system which may result in thermal expansion.
(9) 
Lost pressure.
The city is not responsible for any pressure loss created by the installation of a backflow prevention assembly.
(2006 Code, sec. 82-412; Ordinance 11-11-898, sec. 2, adopted 11/1/11)
(a) 
Testing.
It is the responsibility of the person who owns or controls property to have all assemblies tested in accordance with this article. All backflow prevention assemblies shall be tested upon installation by a registered backflow prevention assembly tester as provided in section 22.12.004 and certified to be operating within specifications. Backflow prevention assemblies for nonresidential customers shall be tested annually and shall also be tested immediately after installation, relocation, repair or work performed upstream of the assembly. In addition, premises that have been vacated and unoccupied for one year must be tested prior to reoccupancy. The city, however, may require more frequent testing upon ten days’ prior written notice to the owner, occupant, manager or other person in control of the premises or the person responsible for the maintenance of the property. Each customer shall be responsible for all costs of such testing. All backflow prevention assemblies shall be tested in accordance with the manufacturer’s instructions, the American Water Works Association’s Recommended Practice for Backflow Prevention and Cross-Connection Control (Manual M14) or the University of Southern California’s Manual of Cross-Connection Control.
(b) 
Calibration of test gauges.
Test gauges used for backflow prevention assembly testing shall be calibrated at least annually in accordance with the American Water Works Association’s Recommended Practice for Backflow Prevention and Cross-Connection Control (Manual M14), current edition, or the University of Southern California’s Manual of Cross-Connection Control, current edition. The original calibration form must be submitted to the city within five working days after calibration.
(c) 
Reports.
A city backflow prevention assembly test report form shall be completed by each registered backflow prevention assembly tester on each backflow prevention assembly tested. Each completed original form, together with the records of such tests, repairs or replacements, shall be submitted to the city within five working days of the test, repairs or replacement of each backflow prevention assembly.
(d) 
Maintenance.
Assemblies shall be maintained, repaired, overhauled, or replaced at the expense of the customer whenever said assemblies are found to be defective. An assembly is defective if it is not a properly installed backflow prevention assembly as required by this article.
(e) 
Removal, relocation or substitution of backflow prevention device.
No backflow prevention assembly or device shall be removed from use, relocated, or other assembly or device substituted without the approval of the city. Whenever the existing assembly or device is moved from the present location or cannot be repaired, the backflow assembly or device shall be replaced with a backflow prevention assembly or device that complies with this article, the American Water Works Association’s Recommended Practice for Backflow Prevention and Cross-Connection Control (Manual M14), current edition, University of Southern California’s Manual of Cross-Connection Control, current edition, or the current plumbing code of the city, whichever is more stringent.
(f) 
Customer service inspections.
(1) 
Duly authorized employees of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this article. Persons and occupants of premises which are provided water service by the city, either directly or indirectly, shall allow the city or its representatives access at all reasonable times to all parts of the premises for the purposes of, among others, inspection, testing, records examination and/or to facilitate the performance of any of their duties. Where persons or occupants of premises have security measures in force which would require proper identification and clearance before entry into their premises, the persons and occupants of the premises shall make necessary arrangements with their security guards so that, upon presentation of identification, personnel from the city will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(2) 
A customer service inspection shall be completed prior to providing continuous water service to all new construction, on any existing service when the city has reason to believe that cross-connections or other contaminant hazards exist, or after any material improvement, correction, or addition to the private water distribution facilities.
(3) 
The city is not liable for damage to a backflow prevention assembly which may occur during testing, inspection and/or examination.
(4) 
A water use survey may be conducted at any premises located in the city which are served by the public water system or which provide water to the public. Upon determination that the premises fall under the provisions of this article and require a backflow prevention assembly, a notice to abate the condition or to install the proper backflow prevention assembly shall be issued by the city.
(2006 Code, sec. 82-413; Ordinance 11-11-898, sec. 2, adopted 11/1/11)
(a) 
The city may, without prior notice, suspend water service to any premises when such suspension is necessary to stop an actual or threatened backflow that presents or may present imminent and substantial danger to the environment, to the health or welfare of persons or to the city’s public water system because the premises for the water account have:
(1) 
A premises isolation device but do not have a point of use device; or
(2) 
A premises isolation device that has failed when tested and the location does not have a point of use device.
(b) 
As soon as is practicable after the suspension of service, the city shall notify the owner or person in charge of the premises in person or by certified mail, return receipt requested, of the suspension, and shall order such person to correct the cross-connection which allowed the backflow to occur. When time permits, the owner or person in charge should be notified prior to suspending water service.
(c) 
If the person fails to comply with an order issued under subsection (b) of this section, the city may take such steps as the city deems necessary to prevent or minimize damage to the public water system or to minimize danger to persons.
(d) 
Suspended services shall not be reinstated until:
(1) 
The person has presented proof, satisfactory to the city, that the backflow has been eliminated and that its cause determined and corrected;
(2) 
The person has paid the city for all costs incurred in responding to the backflow or threatened backflow; and
(3) 
The person has paid the city for all costs the city will incur in reinstating service.
(e) 
A person whose service has been suspended may appeal such enforcement action to the city manager, in writing, within ten days of the date of the notice of suspension.
(f) 
A person commits an offense if the person reinstates water service to the premises suspended pursuant to this section without the prior approval of the city manager or his designee.
(g) 
The remedies provided by this section are in addition to any other remedies set out in this article. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator.
(2006 Code, sec. 82-414; Ordinance 11-11-898, sec. 2, adopted 11/1/11)
(a) 
The city may terminate the water service of any customer who violates the following conditions:
(1) 
Refusing an authorized representative of the city reasonable access to the customer’s premises for the purpose of inspection;
(2) 
Hindering or denying an authorized representative of the city access to backflow prevention assemblies; or
(3) 
Failing to install a backflow prevention assembly.
(b) 
The city manager or his designee will notify a customer of the proposed termination of its water service. The customer may petition the city manager for a reconsideration and hearing.
(c) 
Exercise of this enforcement option by the city shall not be a bar to, nor a prerequisite for, taking any other action against the customer.
(d) 
The city manager shall not reinstate suspended services until:
(1) 
The person has presented satisfactory proof that the backflow has been eliminated and its cause has been determined and corrected; and
(2) 
The person has paid the city for all costs the city will incur in reinstating service.
(e) 
A person commits an offense if the person reinstates water service to premises terminated pursuant to this section without the prior approval of the city manager or his designee.
(2006 Code, sec. 82-415; Ordinance 11-11-898, sec. 2, adopted 11/1/11)